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2023 Supreme(Bom) 1671

SHAILESH P. BRAHME, MANGESH S. PATIL
Jalgaon Zilha Sahakari Dudh Utpadak Sangh Maryadit, Jalgaon, Through its Managing Director, Ravindra, S/o. Sadashiv Lahane – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
Mr. D.K. Thoke, Addl. GP : Mr. S.B. Yawalkar, Mr. P.B. Rakhunde h/f. Mr. S.B. Bhapkar, Applicant in Person : Mr. Nagraj Janardan Patil, Mr. P.B. Rakhunde, Mr. D.B. Thoke, Mr. Vikram A. Pawar and Mr. Pradeep B. Salunke.

JUDGMENT :

(Shailesh P. Brahme, J.) :

1. Rule. Rule is made returnable forthwith. Heard learned counsel for both the sides for final disposal of the matters.

2. These two matters were clubbed with PIL No. 72 of 2021 and Writ Petition No. 8204 of 2021. Other matters are segregated from these petitions. The petitioner is common and core issue which falls for adjudication is also common. Shorn of unnecessary details, we propose to decide core issue – “Whether the provisions of the Maharashtra State Public Services (Reservation for Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Special Backward Category and Other Backward Classes) Act of 2001 (here in after referred to as ‘Reservation Act’ for the sake of convenience and brevity) are applicable to the petitioner – Co-operative Society ?”

3. In Writ Petition No. 11198 of 2010, the petitioner is challenging judgment and order dated 08.11.2010 passed by respondent no. 1 – Minister, holding that Reservation Act applies to the petitioner and directing the Sub-ordinate Officers to take steps to fill up the backlog of reservations. In Writ Petition No. 11431 of 2018 letter dated 12.06.2018 addressed by res

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